A federal lawsuit alleges that Byrd lied in claiming that shots were being fired at him in the Speaker's Lobby just after his shooting of Babbitt. Byrd claimed, allegedly falsely, in a radio report that he was "prepared to fire back" after shooting Babbitt in the left shoulder with his Glock 22 .40-caliber pistol.
The previously undisclosed radio dispatch, which is the subject of the suit, also contained an audio recording exclusively obtained by The Epoch Times of the "OPS2" dispatch channel that Capitol Police were using on January 6. It contains other revelations previously unknown.
The federal lawsuit, filed on January 5, contains further information about the recordings. It was filed by Babbitt's widower, Aaron Babbitt of San Diego, who with the help of Judicial Watch is seeking $30 million from the U.S. government for his late wife's wrongful death.
The suit says Byrd fired his weapon wrongly because he was not being shot at as claimed.
"In fact, no shots were fired at Lt. Byrd or his fellow officers," the suit alleges. "The only shot fired was the single shot Lt. Byrd fired at Ashli. He heard the loud noise of the gunshot. He saw her fall backward from the window frame."
(Related: Did you catch our earlier coverage about how the journalist who captured Ashli Babbitt's shooting on tape was sentenced to home detention?)
Byrd recently promoted to captain with U.S. Capitol Police
Just prior to Byrd shooting Babbitt, another police dispatcher allegedly reported that "they're taking shots into the House floor."
"Lt. Byrd erroneously believed and acted on a false radio call and/or false report of shots fired on the House floor occurring before he left the House floor and moved across the Speaker's Lobby to the adjacent Retiring Room," the suit states.
"A reasonably prudent officer in Lt. Byrd's position would have been aware that, in fact, the report was false and the sound heard on the House floor was glass breaking, not shots fired."
Since the incident, Lt. Byrd has been promoted to Captain.
It remains unknown why Byrd falsely claimed that he was taking fire and was prepared to fire back at the time when he shot Babbitt. The radio dispatch in question occurred nearly a full minute after he shot her, it is important to note.
"The facts speak truth," the lawsuit adds. "Ashli was ambushed when she was shot by Lt. Byrd. Multiple witnesses at the scene yelled, 'You just murdered her.' Lt. Byrd was never charged or otherwise punished or disciplined for Ashli's homicide."
Video footage further supports the suit's claim that Byrd came out shooting and was not being shot at when he emerged into the Speaker's Lobby hallway in a shooting stance with both hands holding his Glock.
Byrd has only made a few public statements about the incident, and not to investigators but rather to an NBC television anchor. In these statements, Byrd never once mentioned his radio dispatch, nor did he claim that shots were being fired at him or other officers when he shot Babbitt.
Just before 2:43 pm when Byrd's shots fired announcement was made, another unknown U.S. Capitol Police officer reported that shots were fired. That announcement also turned out to be false.
The latest news about the January 6 "insurrection" can be found at FalseFlag.news.
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